Many states have passed statewide bans on smoking in enclosed public places, including restaurants and bars. Other states have enacted statewide smoking bans that include exceptions for certain businesses and workplaces—such as cigar bars, tobacco shops, and private clubs.
Some cities and towns have enacted ordinances (laws) that restrict smoking in restaurants and bars—and some cities and towns extend public smoking bans outdoors to sidewalks, apartment complexes, and other public spaces where nonsmokers may congregate, for example.
Violations of these smoking bans may be prosecuted as misdemeanor criminal offenses and include hundreds of dollars of potential fines.
In Tennessee, the Non-Smoker Protection Act prohibits smoking in most enclosed public places, including restaurants and bars, with an effective date of October 1, 2007. However, there are exceptions to this rule. Establishments that restrict access to persons who are 21 years of age or older, such as some bars, private clubs, and tobacco shops, may allow smoking. Additionally, workplaces with three or fewer employees can permit smoking if they are not accessible to the public and all employees agree. Local governments in Tennessee have the authority to enact their own smoking regulations, provided they are at least as stringent as the state law. Violations of the smoking ban can result in fines for both the individual smoker and the establishment. The fines for individuals start at $50, while businesses can face fines starting at $100 for a first offense and increasing with subsequent violations.